Continuing the state-by-state legislative trend, three more state legislatures; Indiana, Montana, and Tennessee (via their respective “Acts”); have passed comprehensive data privacy laws. Even while a federal comprehensive data privacy law remains elusive, these laws join the patchwork of data
The Firewall
Emerging Issues in Privacy and Cybersecurity Law
The Firewall, published by Dykema, focuses on developments in data privacy and cybersecurity law, including regulatory changes, compliance requirements, and litigation trends. The blog covers topics such as the California Consumer Privacy Act (CCPA) and its amendments, automated decision-making technology regulations, cybersecurity audits, and privacy rights enforcement. It also addresses issues related to international data transfer frameworks like the EU-U.S. Data Privacy Framework, biometric information privacy laws such as Illinois' BIPA, and the impact of legislative and judicial developments on businesses. The content is aimed at helping organizations navigate evolving privacy regulations and manage associated legal risks.
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An “Apple A Day” Does Not Keep Washington Regulators and Consumers Away: Washington Passes My Health My Data Act
On April 18, 2023, the Washington legislature passed the My Health My Data Act (the “Health Act”), a broad-sweeping data privacy and protection law governing individual personal health data. Although this bill is pending Governor Jay Inslee’s signature, the privacy…
UK GDPR Reform: A Bridge Too Far?
The United Kingdom may be headed for a major break from EU GDPR. In mid-2022, the UK began studying potential reform of GDPR. This was revived with the United Kingdom’s Data Protection and Digital Information (No. 2) Bill (Bill 265,…
If You Pass It, They Will Comply (Someday): Iowa Becomes Latest State to Pass Comprehensive Data Privacy Law
Iowa became the sixth state to pass a comprehensive data privacy law, joining California, Colorado, Connecticut, Utah, and Virginia. Instead of standing out from the crowd, the Iowa legislature passed a law that imposes attenuated obligations stated in those other…
BetterHelp… Themselves: FTC Fines Company for Improper Deceptive Advertising Practices
By Sean M. Buckley & Dykema
The Federal Trade Commission (“FTC”) recently issued a proposed order requiring BetterHelp, an online counseling service, to pay $7.8 million over misrepresentations to consumers and improper disclosures of consumers’ health information to advertisers, such as Facebook, Snapchat, Criteo, and Pinterest.…
CPRA Regulation 7002: Detour for Automotive Businesses?
On February 1, 2023, the California Privacy Protection Agency (CPPA) released a final draft of the regulations for enforcing the California Privacy Rights Act (CPRA). These regulations provide stricter restrictions on the collection of personal information. Of note is that…
BIPA Claims Accrue at Each Scan or Transmission, per Illinois Supreme Court
After its February 2, 2023, decision in Tims v. Black Horse Carriers, Inc., which held that a five-year statute of limitations applies to all claims brought under the Illinois Biometric Information Privacy Act (“BIPA”), the Illinois Supreme Court has now…
From Your “Clicks” To Targeted Ads: FTC Fines Company for Its “Deceptive” Use of Pixels
By Sean M. Buckley & Dykema
How does Facebook know you want sugar-free snacks? These personal ads may have targeted you based on your online searches or a refill of your diabetes medicine collected by the digital health company GoodRx. GoodRx has been sending this personal…
Bad News for BIPA Defendants: Illinois Supreme Court Holds That Five-Year Statute of Limitations Applies to All BIPA Claims
Today, the Illinois Supreme Court issued a long-awaited and highly-anticipated decision in Tims v. Black Horse Carriers, Inc., which is sure to have a long-term ripple effect on litigation under the Illinois Biometric Information Privacy Act (“BIPA”) going forward. With…
Are BIPA Claims a Runaway Train? Defendant Hit With $228 Million Federal Jury Verdict in Rogers v. BNSF Railway
On Wednesday, a federal jury broke new ground for lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co. is the first BIPA class action to go to trial in Illinois, and after only…